Smt Preethi W/O Santosh Nayak vs Smt Chandravva W/O Nagaraj Amatimarad
2023 Latest Caselaw 9730 Kant

Karnataka High Court

Smt Preethi W/O Santosh Nayak vs Smt Chandravva W/O Nagaraj Amatimarad on 7 December, 2023

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                              -1-
                                                                     NC: 2023:KHC-D:14296
                                                                      CRL.A No. 100556 of 2023




                                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                          DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                                           BEFORE

                                  THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                                            CRIMINAL APPEAL NO. 100556 OF 2023

                                 BETWEEN:

                                 SMT. PREETHI W/O SANTOSH NAYAK,
                                 AGE ABOUT 46 YEARS,
                                 OCC. HOUSEHOLD WORK
                                 R/O. BRAHAMANGALLI ROAD,
                                 TQ. KARWAR, DIST. KARWAR-581301.
                                                                                   ... APPELLANT
                                 (BY SRI. SANTOSH D. NARGUND, ADVOCATE)

                                 AND:

                                 SMT. CHANDRAVVA W/O NAGARAJ AMATIMARAD,
                                 AGE. 44 YEARS, OCC. AGRICULTURE,
                                 R/O. CHALAWADI ONI, HANGAL,
                                 TQ. HANGAL, DIST. HAVERI-581110.
                                                                                 ... RESPONDENT

                                        THIS CRIMINAL APPEAL FILED UNDER SECTION 378(4) OF

              Digitally signed
              by
                                 CR.P.C. SEEKING TO ALLOW THIS CRIMINAL APPEAL, BY SETTING
              VIJAYALAKSHMI
VIJAYALAKSHMI M KANKUPPI
M KANKUPPI
              Date:
              2023.12.11
              11:14:40 +0530     ASIDE THE JUDGMENT OF CONVICTION DATED 10/07/2023, PASSED
                                 BY THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
                                 FTSC-I, HAVERI, U/S. 138 OF N.I. ACT, AND DISMISSING THE
                                 JUDGMENT OF CONVICTION IN C.C.NO.290/2019 PASSED BY THE
                                 SENIOR CIVIL JUDGE, AND JMFC-HANGAL, DATED 23/03/2023, AND
                                 ORDER OF SENTENCE U/SEC. 138 N.I. ACT, BE ACQUITTED TO THE
                                 APPELLANT/ACCUSED,    FROM    THE     ALLEGED   CHARGE   AND
                                 CONSEQUENTLY ALLOW THE APPEAL.

                                        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                                 COURT DELIVERED THE FOLLOWING:
                                    -2-
                                         NC: 2023:KHC-D:14296
                                          CRL.A No. 100556 of 2023




                             JUDGMENT

Learned counsel for the appellant has filed memo

seeking withdrawal of the appeal with liberty to file

Criminal Revision Petition.

The memo reads thus:

MEMO FOR WITHDRAWAL

"The counsel for the appellant submits as under:

That in the top noted matter the appellant has filed wrongly as Criminal Appeal, as it lies Criminal Revision Petition.

Hence the Appellant may be permitted to withdraw the appeal with the liberty to file Criminal Revision Petition, by receiving the certified copies of the courts below Judgments, in the interest of justice and equity."

In view of the memo, appeal is dismissed as

withdrawn with liberty to file Criminal Revision Petition.

Registry is directed to return the documents to the

learned counsel for the appellant.

Sd/-

JUDGE AC